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2018-01-23 Planning Comm MinutesJanuary 23, 2018 Mendota Heights Planning Commission Meeting - Approved Page 1 of 6 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES January 23, 2018 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, January 23, 2018 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Chair Litton Field, Jr., Commissioners John Mazzitello, Patrick Corbett, Michael Noonan, Mary Magnuson, and Michael Toth. Those absent: Commissioner Brian Petschel. Introduction of Newly Appointed Commissioner Patrick Corbett Chair Field introduced the new Planning Commission member, Mr. Patrick Corbett. Commissioner Corbett expressed his gratitude for the opportunity and stated that he looked forward to working with the Commission. Approval of Agenda The agenda was approved as submitted. Approval of November 28, 2017 Minutes COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER MAZZITELLO TO APPROVE THE MINUTES OF NOVEMBER 28, 2017, AS PRESENTED. AYES: 5 NAYS: 0 ABSENT: 1 (PETSCHEL) ABSTAIN: 1 (CORBETT) Hearings A) PLANNING CASE #2018-01 ED MEISINGER, 572 AND 566 HIAWATHA AVENUE LOT LINE ADJUSTMENT Community Development Director Tim Benetti explained that this request was for a lot line adjustment request filed by Mr. Ed Meisinger. He and his family own both lots located at 572 and 566 Hiawatha Avenue. The lots are zoned R-1 Single Family Residential. He went on to explain that a lot line adjustment does require a Planning Commission review and recommendation and a City Council final approval. January 23, 2018 Mendota Heights Planning Commission Meeting - Approved Page 2 of 6 Public hearing notice was printed in the local newspaper and notices were mailed to everyone living within 350 feet of the subject property. No comments or objections were received from those neighbors. Mr. Benetti shared an image of the property location relative to surrounding homes and streets. The lot identified as 566 Hiawatha Avenue is approximately 125 feet wide by 195 to 200 feet in depth, totaling approximately 24,628 square feet; and the lot identified as 572 Hiawatha Avenue is approximately 100 feet wide by 200 feet in depth, totaling approximately 20,341 square feet. The applicants requested to move the lot line in between the two parcels to make 572 Hiawatha Avenue a little bit larger. Mr. Benetti also shared the survey maps with and without the adjusted lot line and noted that the lot line adjustments would have no impacts on any dedicated drainage and utility easements, there would be physical changes to the existing dwellings or the driveways. Staff recommended approval of this application with conditions. Commissioner Noonan, referencing the second condition of approval, asked for confirmation that the 10-foot wide easement along the front property lines and the 5-foot wide easements along the side and rear property lines were consistent with what would be included on a new plat request. Mr. Benetti confirmed that this was correct and that this was very standard practice on these types of requests. Chair Field noted that prescriptive easements are included in case the City needed to use the lot line before the lot split, subject to the same provisions. So it is not like the applicant is losing anything in the process. Mr. Benetti confirmed. Mr. Ed Meisinger was invited to come forward and add any comments and answer any questions the Commission may have. Mr. Meisinger had no comments and there were no Commission questions. Chair Field opened the public hearing. Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER TOTH, TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 ABSENT: 1 (PETSCHEL) COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER MAZZITELLO, TO RECOMMEND APPROVAL OF PLANNING CASE 2018-01 LOT LINE ADJUSTMENT BASED ON THE FOLLOWING FINDINGS OF FACT: 1. The proposed lot line adjustment request meets the purpose and intent of the City Code and is considered consistent with the Comprehensive Plan. January 23, 2018 Mendota Heights Planning Commission Meeting - Approved Page 3 of 6 2. Approval of the lot line adjustment will have no visible impact on the subject properties and will not negatively impact the character of the neighborhood. 3. The proposed adjustment will not cause any non-conformities on either parcel, based on the applicable zoning district standards. AND WITH THE FOLLOWING CONDITIONS: 1. Appropriate documents indicating the new lot line adjustment shall be recorded with Dakota County 2. The applicant shall dedicate drainage and utility easements on both parcels to be denoted on the Certificate of Survey submitted to Dakota County: 10-ft. wide along the front property lines and 5 feet wide along the side and rear property lines. AYES: 6 NAYS: 0 ABSENT: 1 (PETSCHEL) Chair Field advised the City Council would consider this application at its Wednesday, February 7, 2018 meeting. B) PLANNING CASE #2018-02 MARK GERGEN, 684 NORTH FREEWAY ROAD LOT SPLIT (SUBDIVISION) Community Development Director Tim Benetti explained that this was for a lot split request filed by Mr. Mark Gergen. This request requires Planning Commission review and City Council approval. Public hearing notice was printed in the local newspaper and notices were mailed to everyone living within 350 feet of the subject property. One inquiring phone call was received from a neighboring property owner; when he understood what was requested he was very satisfied and had no objections. No other comments or objections were received. Mr. Benetti shared an image of the property location relative to surrounding homes and streets. The property is currently zoned R-1 Single Family Residential and there is currently a one-story single family basement walk-out of approximately 2,200 square feet, built in 1971. The subject lot is just over 1.15 acres in size, has 200 feet of frontage and a depth of approximately 250 feet. If the lot split is approved, Parcel A would be 100 feet x 250 feet or 24,995 square feet and Parcel B would be 100 feet x 250 feet or 24,995 square feet. Each lot would be approximately 0.57 acres. Mr. Benetti noted that the survey illustrates a similar ‘proposed 60-foot by 60-foot building pad’. Mr. Benetti then briefly reviewed the analysis of this request, which was included in the packet of information the Commission received prior to the meeting. This analysis included information in the Comprehensive Plan and Zoning Requirements. Staff recommended approval of this lot split request with conditions. January 23, 2018 Mendota Heights Planning Commission Meeting - Approved Page 4 of 6 Commissioner Magnuson, referencing pages 2 and 3 of the staff report, noted that the lot acreages identified are different. Mr. Benetti explained that the new lot sizes on page 3 – of 0.57 acres each – is correct and that the sizes noted on page 2 were a misprint. Commissioner Magnuson, referencing the Findings of Fact for Approval, stated that #2 seems unnecessary to her since no changes to the comprehensive plan, the zoning designation, and no variances were requested. She then asked if there was a reason it was included that she or the Commission needed to be aware of. Mr. Benetti replied in the negative. Mr. Mark Gergen was not present. Chair Field opened the public hearing. Ms. Catherine Burke, 685 South Freeway Road, lives directly behind the property under review. She asked for clarification on condition #6 which reads “The Applicant agrees to preserve and protect as many mature/over-story trees on the subject site; shall submit a detailed landscape and tree replacement plan for each new lot as part of any new building permit application review”. She and her family look at those trees, which they like, and wondered how and who determines how many can be removed and how many should remain. Mr. Benetti replied that Mr. Gergen indicated that he has no plans to remove a lot of those trees because he wants to maintain and keep them as well. He may need to remove a few that are dead or diseased. Commissioner Noonan then asked for confirmation that Mr. Benetti would walk the lot with Mr. Gergen as plans advance to satisfy the city that he is seeking to maintain as many mature trees as possible. Mr. Benetti confirmed and noted that staff normally would do that anyway. Mr. Fernando Arellano, who also lives at 685 South Freeway Road, asked for clarification on what exactly is happening – would the lot split result in the current resident being demolished and two new homes being built. It was indicated that this was the purpose of the lot split. Mr. Arellano then asked for a time frame from demolition to rebuild. Mr. Benetti could not provide an answer and wished aloud that Mr. Gergen had been present to answer these types of questions. COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 ABSENT: 1 (PETSCHEL) COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER NOONAN, TO RECOMMEND APPROVAL OF PLANNING CASE 2018-02, LOT SPLIT - SUBDIVISION BASED ON THE FOLLOWING FINDINGS OF FACT: 1. The proposed lot split and construction activities meet the purpose and intent of the City Code and are consistent with the Comprehensive Plan. 2. No change to the Comprehensive Plan or zoning designation and no variance is requested. 3. The proposed subdivision and additional new housing will not create any negative impacts to the surrounding uses or neighborhood; and the increased front yard setbacks will ensure the new homes are in alignment with other residential uses along North Freeway Road. January 23, 2018 Mendota Heights Planning Commission Meeting - Approved Page 5 of 6 4. The two lots resulting from the lot split meet City Code minimum standards and are comparable in size and frontage to other lots on North Freeway Road. AND WITH THE FOLLOWING CONDITIONS: 1. The applicant shall submit grading and utility plans and dimensioned site plans with associated easements, subject to review and approval of the Engineering Department as part of any building permit application. 2. All grading work and land disturbance activities must comply with the City’s Land Disturbance Guidance document. 3. The lots shall include infiltration of 1 inch over all new increased impervious surface and there shall be no increase in run off from the existing conditions. 4. All erosion control measures shall be installed prior to any construction, and maintained throughout the duration of any construction activities on both sites and until each have been properly restored. 5. Front-yard setbacks from North Freeway Road for future structures on both Parcel A and Parcel B shall be a minimum of 38-feet. 6. The Applicant agrees to preserve and protect as many mature/over-story trees on the subject site; shall submit a detailed landscape and tree replacement plan for each new lot as part of any new building permit application review. 7. The applicant shall dedicate drainage and utility easements on both parcels to be denoted on the Certificate of Survey submitted to Dakota County: 10-ft. wide along the front property lines and 5 feet wide along the side and rear property lines. 8. Park dedication fee of $4,000 (in lieu of land - per current City policy) will be paid before the subdivision is recorded with Dakota County. 9. The existing home must be demolished before the subdivision is recorded with Dakota County. 10. Connection charges for sanitary sewer and water main shall be paid prior to issuance of a building permit AYES: 6 NAYS: 0 ABSENT: 1 (PETSCHEL) Chair Field advised the City Council would consider this application at its Wednesday, February 7, 2018 meeting. 2040 Comprehensive Plan Update A) DRAFT GOALS AND POLICIES PRESENTED TO THE CITY COUNCIL JANUARY 2, 2018 MEETING Community Development Director Tim Benetti provided a brief review of the Draft copy of the most recent Goals and Policies for the 2040 Comprehensive Plan Update that was shared informally at the January 2, 2018 City Council meeting. This update also included the proposed (revised) Mission Statement and Vision Statement, which would be made part of the overall planning document. January 23, 2018 Mendota Heights Planning Commission Meeting - Approved Page 6 of 6 Mr. Benetti also noted that Planning Consultant Phil Carlson from Stantec intended to come back to the Planning Commission in February 2018 and again in March 2018 to provide further updates, new maps, and other related planning materials for the Commission to consider. Staff Announcements / Update on Developments A) ANNUAL UPDATE OF THE PREVIOUS 2017 PLANNING APPLICATIONS LIST Community Development Director Tim Benetti shared the listing of the planning application cases that were considered last year by the Planning Commission and City Council. This list included the Case Number, Address, Request Type, Applicant Name, Details, and the Action given (approval or denial). Mr. Benetti highlighted Planning Case 2017-14, which was recommended for denial by the Commission and was denied by the City Council. Since that time Mr. Marcel Eibensteiner of Royal Oaks Realty has filed a lawsuit against the community. Preliminary arguments were head by a Dakota County judge in December 2017; both sides presented their arguments. There is a 90 day review timing; staff is expecting to have an answer within the next few weeks. He highlighted Planning Case 2017-19, the Michael Development. The city is also involved in another lawsuit filed by a citizens group. An early case management hearing was conducted on January 3, 2018 where preliminary arguments and findings were presented. A hearing has been scheduled for February 16, 2018 at 9:00 a.m. Mr. Benetti will be providing a quick update on that, most likely at the February Planning Commission meeting. He also highlighted Planning Case 2017-22, the Woodspring Hotels, which was approved for the site at Northland and Pilot Knob. The permit was under review by the building official and he came in one day and informed staff that Woodspring Hotels had just been acquired by another firm (Choice Hotels), which is probably the largest conglomerate of hotel companies in the world. According to all of the information he has been able to obtain it appears that Choice Hotels is not making any changes to Woodspring Hotels; staff is still anticipating that Woodspring Hotels would be building in the community. There are currently two hearings planned for the February Planning Commission meeting; a critical area permit for a new garage off of Hunter Lane, and a variance for a new garage addition for a residence off of Theresa Avenue. Adjournment COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER NOONAN, TO ADJOURN THE MEETING AT 7:31 P.M. AYES: 6 NAYS: 0 ABSENT: 1 (PETSCHEL)